Case against Tobiko’s appointment forwarded to Chief Justice

Director of Public Prosecution Keriako Tobiko. Photo/FILE

By PAUL JUMA
Posted  Monday, June 20 2011 at 16:31

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Nairobi High Court on Monday declined to issue preliminary declaration that the appointment of Director of Public Prosecution Keriako Tobiko was unconstitutional.

However, the court certified the matter as urgent and directed that it be placed before the Chief Justice for direction.

The application which was first filed last week was tabled in court again on Monday morning after an amendment, to ask the court to declare the nomination and appointment of Mr Tobiko despite allegations of impropriety as a breach of the Constitution.

Last Thursday, activists had registered the petition in court seeking to stop President Mwai Kibaki from appointing Mr Tobiko but they were forced to withdraw it for amendment after it was overtaken by events.

The President had made the appointment before the matter was brought to a judge.

And on Monday, the activists from the Kenya Youth Parliament and the Kenya Youth League were before Lady Justice Jeanne Gacheche, who declined to make any declaration but informed them  the file will be forwarded to the Chief Justice for urgent action.

That means key business of the new Chief Justice, Willy Mutunga, who was sworn-in alongside Mr Tobiko on Monday morning, will be to address a case against the appointment of the latter.